Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 21, 2017, the Defendant committed the crime at around September 21, 2017, at the point of “C” located in Pyeongtaek-si around 19:00 on September 21, 2017, and the victim D’s “the punishment for the instant crime is to drink alcohol at a entertainment drinking point, and the punishment is to be threatened within the drinking value.
As a result, it was false to lend money to the police station in order to attract money.
However, in fact, the defendant was thought to use the money received from the victim as living expenses, etc., and there was no certain income, so even if he borrowed the money from the victim, he did not have the intent or ability to pay
As such, the Defendant, by deceiving the victim, received 7.5 million won from the victim to the new bank account (E) of the Defendant on the same day.
2. The Defendant, on September 25, 2017, tried to file a lawsuit against the victim on the taxi platform located in Pyeongtaek-si around 8:00 on September 25, 2017, with the victim “on the taxi platform in front of the Seo-si located in Pyeongtaek-si.”
If the costs of the lawsuit are to be lent, interest shall be paid every 15th day of the month on the basis of the dead labor or know-how, and the principal shall be repaid upon the parent's receipt of the installment savings passbook.
“The phrase “ was false.”
However, in fact, the defendant thought that he would use the money received from the victim as living expenses, etc., and his parents did not have the savings passbook, so even if he borrowed the money from the victim, he did not have the intent or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 11 million from the damaged person on the same day, and KRW 1850,000 on the following day from the injured person to the new bank account (E) of the Defendant, and acquired KRW 11,850,00 in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1.Article 62(1) of the Criminal Act (the following favorable provisions):